Nisha S vs State Of Kerala
2022 Latest Caselaw 12055 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                    WP(C) NO. 42045 OF 2022


PETITIONER/S:

           NISHA S.,
           AGED 39 YEARS
           W/O. BIJU LAL, NJEKKAD, KIZHAKKEKADA VEEDU,
           VADASSERYKONAM P.O., THIRUVANANTHAPURAM -695 143.

           BY ADVS.
           G.KEERTHIVAS
           LAKSHMI DAS(K/1118/2022)


RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY,
           EDUCATION DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR GENERAL OF EDUCATION,
           HOUSING BOARD BUILDINGS, SANTHI NAGAR,
           THIRUVANANTHAPURAM-695 001.

    3      ASSISTANT DIRECTOR,
           VOCATIONAL HIGHER SECONDARY EDUCATION,
           THIRUVANANTHAPURAM-695 001.

    4      ASSISTANT DIRECTOR,
           VOCATIONAL HIGHER SECONDARY EDUCATION,
           REGIONAL OFFICE, KOLLAM - 8.
 WP(C) NO. 42045 OF 2022      2




    5     MANAGER, MULAVANA VHSS & HSS,
          ANAKUDY.P.O., VAMANAPURAM,
          THIRUVANANTHAPURAM-695 606.



          SMT. NISHA BOSE, SR. GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 42045 OF 2022                   3




                                    JUDGMENT

The petitioner states that by a duly constituted selection committee,

she was appointed as Non-Vocational Teacher in History (Junior) in the

Mulavana VHSS & HSS, Anakudy. She states that though Ext.P8 request was

submitted seeking approval of her appointment by the manager as early as

09.06.2022 before the 2nd respondent, no orders have been passed. It is in

the afore circumstances that this writ petition is filed seeking the following

reliefs:

(i) To call for the records leading to Exhibit P7 communication and direct the respondent authorities to take immediate steps to consider and pass orders on the approval of the appointment pending.

(ii) To consider and pass appropriate orders on Ext.P8 request pending before the 2nd respondent issued by the 5th respondent herein.

2. Heard Sri. Keerthivas Giri, the learned counsel appearing for the

petitioner, and Smt. Nisha Bose, the learned senior Government Pleader.

3. In view of the limited nature of the relief sought, no prejudice

would be caused to the 5th respondent if notice is dispensed with.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent

to take up, consider and pass appropriate orders

on Ext.P8, after affording an opportunity of being

heard, either physically or virtually, to the

petitioner herein or her authorized representative

and the 5th respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within eight weeks

from the date of production of a copy of this

judgment.

c) It would be open to the petitioner to produce a

copy of the writ petition along with the judgment

before the concerned respondent for further

action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS

APPENDIX OF WP(C) 42045/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE NEWS PAPER NOTICE (EXTRACT) DATED 23.09.2021 IN DEEPIKA NEWSPAPER.

Exhibit P2 TRUE COPY OF THE NEWS PAPER NOTICE (EXTRACT) DATED 24.09.2021 IN THE MADHYAMAM NEWSPAPER.

Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 04.06.2021 FROM THE 5TH RESPONDENT TO VARIOUS RESPONDENT AUTHORITIES.

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 29.06.2021 SENT BY THE 5TH RESPONDENT HEREIN TO RESPONDENT AUTHORITIES.

Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 16.07.2021 SENT BY THE 5TH RESPONDENT HEREIN TO 2ND RESPONDENT AUTHORITY.

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 08.08.2021 ISSUED BY THE 5TH RESPONDENT HEREIN TO RESPONDENT AUTHORITIES.

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 17.02.2022 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT HEREIN.

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 09.06.2022 ISSUED BY THE 5TH RESPONDENT HEREIN TO THE 2ND RESPONDENT HEREIN.

RESPONDENT(S) EXHIBITS : NIL